Secondary Considerations Unsuccessful Once Again, PTAB Litigation Blog

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As reported in our February 1, 2017 post, patent owners have had a difficult time convincing the PTAB that secondary considerations are sufficient to overcome a prima facie case of obviousness.  The Crown Packaging decision, highlighted in that post, provides a roadmap for patent owners to follow when relying on secondary considerations to save their patent claims.  More recently, however, the Federal Circuit affirmed yet another PTAB decision finding insufficient a patent owner’s evidence of secondary considerations.  In re: Depomed, Appeal No. 2016-1378 (Feb. 21, 2017) (non-precedential).

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